SC Recognises Dearth of Super Speciality Doctors in Dental Science, Grants Relief to Dentists Facing Admission Cancellation

New Delhi: Observing that there is a 'dearth of Super-Speciality Doctors' in the field of dentistry, the Supreme Court in a recent order granted relief to MDS (Master of Dental Surgery) graduates of the 2016-2019 batch in the dental colleges of Madhya Pradesh by regularising their admission and directing the State Government authorities to issue necessary degrees to them.

While considering an appeal filed by the MDS graduates, who challenged the Madhya Pradesh High Court's order cancelling their admission taken in 2016, the top court bench of Justices BR Gavai and KV Viswanathan observed, "It is commonly known that there is a dearth of super specialty doctors even in the field of dental science. If the admission of the appellants is not regularized the education undertaken by them would go in waste."

"Therefore, in the peculiar facts and circumstances of the case, we are inclined to allow the appeal and quash and set aside the impugned order passed by the High Court as well as the orders passed by the Regulatory Authority and the Appellate Authority. Ordered accordingly," ordered the top court bench.

The petitioner students pursued their Bachelor of Dental Surgery (BDS) course from the States of Karnataka, Gujarat, and Maharashtra. They took admission for Master of Dental Surgery (MDS) in the dental colleges situated in the State of Madhya Pradesh. However, their admissions were cancelled by the Regulatory Authority on the ground that they did not participate in the counselling process and violated the Supreme Court order dated 17.03.2016.

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Consequently, the Appellate Authority affirmed the order of the Regulatory Authority cancelling the admission of the petitioner students. Aggrieved by this, the students approached the Madhya Pradesh High Court, which granted an interim order by virtue of which, the petitioners completed their MDS Course from 2016 to 2019.

After the petitioners completed their MDS course, the plea was dismissed by the Division Bench of the High Court, upholding the order of the Regulatory Authority as well as the Appellate Authority. Following this, the students approached the Supreme Court bench seeking relief.

The counsels for the State of Madhya Pradesh and Dental Council of India opposed the plea on the ground that the admission was in violation of the Supreme Court order. They also argued that the petitioners were granted admission by backdoor entries as they did not participate in the counselling process.

However, the Supreme Court bench rejected this argument observing that other similarly situated students who completed their BDS (Bachelor in Dental Surgery) from the same State and same college, were not disturbed on the ground that they had completed their BDS from the State of Madhya Pradesh.

"No doubt that the principle of negative equality would not be applicable while considering the grant of relief under Article 226 of the Constitution of India. However, the fact remains that similarly circumstanced students, who have passed their BDS Course from the State of Madhya Pradesh have got their Post Graduate Degrees (MDS Course)," observed the Supreme Court bench.

Even though the State counsel argued that in the case of the students from the State of Madhya Pradesh, only two factors had been violated, while the in the cases of the petitioners, three factors were violated.

Referring to the argument that the admissions were not regularized by the State but by the Regulatory Authority, the bench noted,

"We find that the approach adopted by the Regulatory Authority which has been confirmed by the Appellate Authority and the High Court to the effect that since the number of illegalities in cases of the appellants were higher than the number of illegalities in the case of the students who have passed their BDS from the State of Madhya Pradesh, the appellants admission would not be regularized, is not a correct approach. In any case, the appellants have completed the MDS course and they have successfully cleared the examination."

Therefore, highlighting the dearth of super speciality doctors even in the field of dental science, the top court bench allowed the appeal and directed that the appellants' admission be regularised with the issuance of necessary degrees.

However, the Apex Court clarified that "Needless to state that as observed hereinabove, we are passing the aforesaid order in the peculiar facts and circumstances of the case and it shall not be treated as a precedent in any other matter."

To view the Supreme Court order, click on the link below:

https://medicaldialogues.in/pdf_upload/supreme-court-mds-degree-265270.pdf

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